2. Obligations of public authority
Every public authority shall -
a) Maintain all records duly catalogued and indexed in a manner and the form
which facilitates the RTI under this Act. Also ensure that all records that are
appropriate to be computerized are within a reasonable time and subject to
availability of resources, computerized and connected through a network all
over the country on different system so that access to such records is facilitated.
b) Public authority should publish the following within 120 days of enactment.
i. Particulars of organization, its function and duties;
ii. Powers and duties of officers and employees in the organization;
iii. Details of decision making procedure and process; iv. The norms set for
discharging its duties;
V. Rules, regulation, instruction manuals and records used by employees in
discharging their works;
3. vi. Statement on different categories of documents held and
under its control;
vii. Details about existing mechanism in policy formulation and implementation.
viii. Statement of boards, councils, committees and other bodies consisting of two
or more persons constituted by it. Information such as meeting and minutes
are open to public etc.
ix. Directory of employees and officers.
x. Monthly remuneration of each officers and employees and system of
compensation as provided in the regulation.
xi. Details of budget allocation to each agency showing plans,proposed
expenditure and report on disbursement.
xii. The manner of execution of subsidy programmers including the amount
allocated and details of beneficiaries of such programmes.
4. xii. The manner of execution of subsidy programmers including the amount allocated and
details of beneficiaries of such programmes.
xiii. Details of recipient of concessions, permits or authorization granted by it.
xiv. Details in respect of information available or held by it, reduced in an electronic form.
xv. The particulars of facilities available to citizens for obtaining information, including the
working hours of a library or reading room if available for public use.
xvi. Details of public information officer.
c) Publish all relevant facts while formulating important policies, on announcing the
decisions which affects pubic.
d) Provide reason, for its administrative or quasi judicial decision, to affected persons.
5. Objectives of the Act
1. RTI is a part of fundamental rights under article 19(1) of constitution. That is the article says
that every citizen has freedom of speech and expression.
2. To empowers every citizen to seek any information from the government
3. To Inspect any government documents
4. To Seek copy of any records
5. To inspect any government work
6. To take sample of material used for any work
7. To Promote transparency and accountability in the working of government
8. To regulate the corruption
9. For protecting democracy
10. To make citizen well equipped to keep necessary vigil on instruments of government.
6. Procedure of request for information
1. The request shall be in writing or through electronic means;
2. Full name and address, particulars of information required and other relevant
reference etc should be clearly reflected;
3. The application must accompany with prescribed rate of fee, or documentary
proof of remittance of fee;
4. It should be made to state public information officer of the concerned public
authority or the state assistant public information officer.
5. Illiterate applicant can take the help of state public information officer for
making request.
6. No fee for applicant who is of the category of BPL.
7. No reason is required for making a request.
7. Time limit
The RTI Act ensures provision of information within 30 days. But when some
records are destroyed or not readily available or the information is related to
many departments, it may take more than 30 days. In such cases Public
Information Officer may intimate the reason for delay. The PIO may be
penalized for nil action if the matter is referred to appellate authorities.
Fee
For Central Government Departments Rs 10/- is the fee to be paid with every
RTI application. Mode of remittance may be varies from government to
government. That is somewhere cash payment is allowed otherwise it is
through court fee stamp or postal order. But sending application through post
must be supported with Indian Postal Order or Court Fee stamp of Rs 10/-. But
people those who are in BPL category shall not pay any fee. For copies of
records Rs 2/- will be charged for each page.
8. Ground of rejection
1. Incomplete requests;
2. If information is prejudicial and affect the sovereignty of nation;
3. Seek information which has been forbidden to be published by any court;
4. Information which may cause breach of privilege of parliament or state
legislature;
5. Information about commercial confidence;
6. Information which would impede or obstruct the process of investigation or
apprehension of offender;
7. Relates cabinet papers including records of deliberation of council ministers;
8. Unwarranted invasion of others privacy;
9. 9. About occurrence or event which happened more than 20 yrs back;
10. Information involves an infringement of copy rights;
11. Cases where matter is under process or examination;
12. Notwithstanding anything in the Official Secret Act 1923;
Where a request is rejected, the State Public Information Officer shall
inform following to the applicant:
โ The reason for such rejection;
โ Period within which appeal may be preferred;
โ The particulars of appellate authority;
10. Appeal
If the applicant does not receive any information or decision about rejection of request or
communication about payment of additional fee within the specified time, he can make
an appeal to the first appellate authority. The appeal should be made within 30 days from
the expiry of such period or from the receipt of such decision of the PIO. The first
appellate authority may admit the appeal after expiry of the period of thirty days if he or
she is satisfied that the appellant was prevented by sufficient cause from filing the appeal
in time third party can also prefer an appeal to first appellate authority against the order of
the PIO to disclose the third party information.
The first appellate authority should act in a fair and judicious manner. The order of the
first appellate authority shall be a detailed and speaking order, giving justification for the
decision arrived at. The appellate authority shall dispose of the appeal within 30 days of
receipt of appeal. In exceptional case it may be extended to 45 days in such case he should
give reason for delay.